Many people may wonder why those who are accused of a drunk driving offense accept a breath test when the police request it. “If you just refuse the breath test, then you deprive the police of a crucial piece of evidence,” you may think. While that may seem to be the way it is, the reality is that refusing a breath test is actually forbidden. You still have the freedom to refuse it, but sometimes the freedom to make certain choices comes at a cost. And in the case of refusing a breath test, in the state of Colorado it means a one-year suspension of your driver’s license.
See, “implied consent” laws apply in all states, and these laws state that if you accept a driver’s license, then you also accept a breath test if a police officer lawfully requests it. Refusing it is an option, but you will be punished as a result. Here in Colorado, “implied consent” is called “expressed consent.”
Even after refusing the breath test, there are still plenty of ways for the police to gather the evidence they need to make a case against you — so your refusal will likely be in vain. Additionally, prosecutors could point to your breath test refusal and make the case that you were trying to hide your guilt.
If you are accused of driving under the influence, your first move shouldn’t be to refuse a breath test — it should be contacting an experienced criminal defense attorney who can help support you during your case.